CHAPTER 158. COUNTY CIVIL SERVICE
LOCAL GOVERNMENT CODE
TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES
CHAPTER 158. COUNTY CIVIL SERVICE
SUBCHAPTER A. COUNTY CIVIL SERVICE SYSTEM
Sec. 158.001. DEFINITIONS. In this subchapter:
(1) "Commission" means a county civil service commission.
(2) "Employee" means a person who obtains a position by
appointment and who is not authorized by statute to perform
governmental functions involving an exercise of discretion in the
person's own right, unless the person is included by a local
civil service rule adopted under the procedures outlined in
Section 158.009; or a person included in the coverage of a county
civil service system as the result of an election held under
Section 158.007. The term does not include a person who holds an
office the term of which is limited by the constitution of this
state.
(3) "Department" means a county, district, or precinct office or
officer, agency, or board that has jurisdiction and control of
the performance of employees' official duties. The term includes
a sheriff's department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 881, Sec. 1, eff. Sept. 1,
1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
833, Sec. 1, eff. June 15, 2007.
Sec. 158.002. ELIGIBLE COUNTIES. A county with a population of
190,000 or more may, in accordance with this subchapter, create a
county civil service system to include all the employees of the
county who are not exempted from the system by the express terms
or judicial interpretations of this subchapter or by the
operation of Subchapter B.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
833, Sec. 2, eff. June 15, 2007.
Sec. 158.0025. CREATION OF SHERIFF'S DEPARTMENT CIVIL SERVICE
SYSTEM IN CERTAIN COUNTIES NOT COVERED BY SUBCHAPTER B. (a)
This section applies only to a county with a population of
190,000 or more, other than:
(1) a county that has created a civil service system under this
subchapter to include those employees of the county described by
Section 158.002; or
(2) a county in which the sheriff's department is eligible to
create a civil service system under Subchapter B.
(b) Notwithstanding any other provision of this subchapter, the
commissioners court of a county to which this section applies may
create a civil service system under this section to include only
the employees of the sheriff's department of the county.
(c) A sheriff's department civil service system may be created
under this section by an order in accordance with Section 158.003
or by an election in accordance with Section 158.004.
(d) Notwithstanding Section 158.005(b), if an election is
ordered under Section 158.004 on the question of the creation of
a sheriff's department civil service system under this section,
the commissioners court shall order the ballot at the election to
be printed to provide voting for or against the proposition:
"Creation of a civil service system for the sheriff's department
of the county."
(e) Notwithstanding Section 158.014(c), if an election is called
to determine whether a sheriff's department civil service system
created under this section will be dissolved under that section,
the commissioners court shall order the ballot at the election to
be printed to provide voting for or against the proposition:
"Dissolution of the civil service system for the sheriff's
department of the county."
(f) Sections 158.0065 and 158.007 do not apply to a sheriff's
department civil service system created under this section.
(g) Except as otherwise provided by this section, the provisions
of this subchapter that would govern the operation of a civil
service system created for all employees of a county under this
chapter apply to the operation of a civil service system created
for the employees of the sheriff's department of a county under
this section.
Added by Acts 2005, 79th Leg., Ch.
414, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
833, Sec. 3, eff. June 15, 2007.
Sec. 158.003. CREATION BY ORDER. (a) A county civil service
system may be created by an order adopted by a majority of the
members of the commissioners court of the county.
(b) A copy of an order adopted under this section shall be
placed in the minutes of the court's proceedings. The copy of the
order is public information.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 158.004. CREATION BY ELECTION. (a) A county civil service
system may be created by approval of the system by a majority of
the qualified voters of the county voting at an election called
for that purpose.
(b) The commissioners court by order may call an election on the
question of the creation of a county civil service system.
(c) The commissioners court shall hold the election called under
this section on the first authorized uniform election date
prescribed by Chapter 41, Election Code, that allows sufficient
time for publication of the notice required by Subsection (e) and
for compliance with any other requirements established by law.
(d) The order calling the election must specify the date, time,
and place of the election, the form of the ballots, and the name
of the presiding judge for each voting place.
(e) In addition to the notice required by Chapter 4, Election
Code, the commissioners court must publish in a newspaper of
general circulation in the county a substantial copy of the order
calling the election. The first publication must be made on or
before the 15th day before the date of the election and continue
once a week for two consecutive weeks.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 158.005. BALLOTS AND VOTING AT ELECTION TO CREATE SYSTEM.
(a) Each qualified voter of the county is entitled to vote at
the election.
(b) The commissioners court shall order the ballot at the
election to be printed to provide for voting for or against the
proposition: "Creation of a county civil service system."
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 158.006. RESULT OF ELECTION TO CREATE SYSTEM. (a) The
presiding judge of each voting place shall supervise the counting
of votes cast at the election.
(b) Within 24 hours after the election, each judge shall certify
to the commissioners court the results of the election at the
voting place.
(c) A copy of the results of the election shall be filed with
the county clerk. The copy on file with the county clerk is a
public record.
(d) If the proposition is approved, the commissioners court
shall declare the result and by order create the county civil
service system. A copy of the order creating the system shall be
placed in the minutes of the court's proceedings.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 158.0065. PETITION TO CREATE BY ORDER OR ELECTION. (a)
This section applies only in a county with a population of
290,000 or more that would not be eligible to expand or dissolve
the system under Section 158.007.
(b) The commissioners court of a county that receives a petition
signed by at least 50 percent of the county's employees
requesting the creation of a county civil service system shall
vote not later than the 30th day after the date that the court
receives the petition whether to create a system by adopting an
order under Section 158.003. If the court does not create a
system as provided by Section 158.003, the court shall call an
election to decide the question as provided by Sections
158.004-158.006.
Added by Acts 1991, 72nd Leg., ch. 548, Sec. 1, eff. June 15,
1991.
Sec. 158.007. EXPANDED COVERAGE OR DISSOLUTION OF SYSTEM IN
POPULOUS COUNTIES. (a) In a county that has a population of
more than 1.3 million and a civil service system created under
this subchapter, the qualified voters of the county, voting at an
election called for that purpose, may determine whether the
system will be dissolved or expanded to cover the employees,
except licensed attorneys, of the office of district or criminal
district attorney, the adult and juvenile probation officers and
their assistants, personnel in the county auditor's office
including all assistant county auditors, and all other employees
of the county not included in the coverage of the system and not
specifically exempted by Section 158.013 or Subchapter B.
(b) The commissioners court of an eligible county by order may
call an election on the question of the expansion or dissolution
of a county civil service system as provided by Subsection (a).
(c) Except as otherwise provided by this section, the election
must be held in the manner provided for an election to create a
county civil service system.
(d) The election must be held on the date of the general
election for state and county officers.
(e) Each qualified voter of the county is entitled to vote at
the election.
(f) The commissioners court shall order the ballot at the
election to be printed to provide for voting for or against the
proposition: "Keeping and expanding the county civil service
system."
(g) The commissioners court shall declare the results and, if
the proposition is approved by a majority of the qualified voters
voting at the election, by order expand the coverage of the
system as provided by Subsection (a). If the proposition is not
so approved, the commissioners court by order shall dissolve the
county civil service system. A copy of the order expanding or
dissolving the system shall be placed in the minutes of the
court's proceedings.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 669, Sec. 70, eff. Sept. 1,
2001.
Sec. 158.008. APPOINTMENT OF COMMISSION. (a) If a civil
service system is created under this subchapter, the
commissioners court shall appoint three persons to serve as the
members of the civil service commission that administers the
system. The commissioners court shall designate one of the
members as chairman of the commission.
(b) Each member of the commission is appointed for a term of two
years.
(c) The commissioners court shall fill a vacancy on the
commission by appointing a person to serve the unexpired part of
the term of the member whose position is vacant.
(d) To be eligible for appointment to the commission, a person
must:
(1) be at least 25 years old; and
(2) have resided in the county for the three years immediately
preceding the date on which the person's term will begin.
(e) A member of the commissioners court of a county with a
population of 1.8 million or more is not prohibited from being
appointed to the civil service commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 830, Sec. 1, eff. June 14,
2001.
Sec. 158.009. POWERS OF THE COMMISSION. (a) Except as provided
by Section 158.010, the commission shall adopt, publish, and
enforce rules regarding:
(1) the definition of a county employee;
(2) selection and classification of county employees;
(3) competitive examinations;
(4) promotions, seniority, and tenure;
(5) layoffs and dismissals;
(6) disciplinary actions;
(7) grievance procedures; and
(8) other matters relating to the selection of county employees
and the procedural and substantive rights, advancement, benefits,
and working conditions of county employees.
(b) The commission may adopt or use as a guide any civil service
law or rule of the United States, this state, or a political
subdivision in this state to the extent that the law or rule
promotes the purposes of this subchapter and serves the needs of
the county.
(c) The commission may not adopt or enforce a rule requiring a
county employee to retire because of age. The commission may
adopt a rule requiring a county employee, on reaching an age set
by the commission, to submit annually to the commission an
affidavit from a physician stating that the employee is
physically and mentally capable of continuing employment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 881, Sec. 2, eff. Sept. 1,
1989.
Sec. 158.010. EMPLOYMENT BY DEPARTMENTS. (a) The head of each
department included in the coverage of a county civil service
system may assume responsibility for selecting all persons who
are to be employees of that department.
(b) A person employed by a department whose head has assumed
responsibility as provided by Subsection (a) serves as a
probationary employee during the first six months after selection
and may not be included in the coverage of the county civil
service system during that six-month period. At the end of the
six-month period the person's employment may be terminated or the
person may be made a permanent employee by the head of the
department.
(c) On becoming a permanent employee, a person comes under the
coverage of the county civil service system and is fully entitled
to all benefits of and subject to all obligations imposed by the
system.
(d) This section does not affect the status of any person who is
an employee of a department under a county civil service system
on the date the head of the department assumes responsibility for
selecting persons who are to be employees of that department.
(e) The rules adopted by the commission under Section 158.009
relating to the selection and classification of county employees
and to competitive examinations for selection apply to the
initial hiring of personnel under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 881, Sec. 3, eff. Sept. 1,
1989.
Sec. 158.011. COMPENSATION AND STAFF. The members of the
commission serve without compensation, but the commissioners
court shall reimburse each member for all necessary expenses
incurred in performing the member's duties. The commissioners
court shall provide the commission with adequate office space and
sufficient funds to employ an adequate staff and to purchase
necessary supplies and equipment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 158.012. APPEALS. (a) A county employee who, on a final
decision by the commission, is demoted, suspended, or removed
from the employee's position may appeal the decision by filing a
petition in a district court in the county within 30 days after
the date of the decision.
(b) An appeal under this section is under the substantial
evidence rule, and the judgment of the district court is
appealable as in other civil cases.
(c) If the district court renders judgment for the petitioner,
the court may order reinstatement of the employee, payment of
back pay, or other appropriate relief.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 68, Sec. 1, eff. Sept. 1,
1997.
Sec. 158.0121. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. In an
appeal under Section 158.012, the district court may not
substitute its judgment for the judgment of the commission on the
weight of the evidence on questions committed to the commission's
discretion but:
(1) may affirm the commission's decision in whole or in part;
and
(2) shall reverse or remand the case for further proceedings if
substantial rights of the petitioner have been prejudiced because
the commission's findings, inferences, conclusions, or decisions
are:
(A) in violation of a constitutional or statutory provision;
(B) in excess of the commission's authority;
(C) made through unlawful procedure;
(D) affected by other error of law;
(E) not reasonably supported by substantial evidence considering
the reliable and probative evidence in the record as a whole; or
(F) arbitrary or capricious, characterized by abuse of
discretion, or clearly an unwarranted exercise of discretion.
Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff. Sept. 1,
1997.
Sec. 158.0122. PROCEDURES FOR REVIEW UNDER SUBSTANTIAL EVIDENCE
RULE. (a) After service of the petition on the commission and
within the time permitted for filing an answer or within
additional time allowed by the court, the commission shall send
to the reviewing court the original or a certified copy of the
entire record of the proceeding under review. The record shall be
filed with the clerk of the court. The record may be shortened by
stipulation of all parties to the review proceedings. The court
may assess additional costs against a party who unreasonably
refuses to stipulate to limit the record, unless the party pays
all costs of record preparation. The court may require or permit
later corrections or additions to the record.
(b) A party may apply to the court to present additional
evidence. If the court is satisfied that the additional evidence
is material and that there were good reasons for the failure to
present it in the proceeding before the commission, the court may
order that the additional evidence be taken before the commission
on conditions determined by the court. The commission may change
its findings and decisions by reason of the additional evidence
and shall file the additional evidence and any changes, new
findings, or decisions with the reviewing court.
(c) The party seeking judicial review shall offer, and the
reviewing court shall admit, the commission record into evidence
as an exhibit.
(d) The court shall conduct the review sitting without a jury
and is confined to the commission record, except that the court
may receive evidence of procedural irregularities alleged to have
occurred before the commission that are not reflected in the
record.
Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff. Sept. 1,
1997.
Sec. 158.0123. COST OF PREPARING COMMISSION RECORD. (a) The
commission may require a party who appeals a final decision under
Section 158.012 to pay one-half of the cost of preparation of the
original or a certified copy of the record of the commission
proceeding that is required to be sent to the reviewing court.
(b) A charge imposed under this section is a court cost and may
be assessed by the court in accordance with the Texas Rules of
Civil Procedure.
Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff. Sept. 1,
1997.
Sec. 158.013. EXEMPTIONS. (a) A person who on August 30, 1971,
was an employee of an eligible county under this subchapter may
not be required to take a competitive examination or perform any
other act to maintain the position held on that date.
(b) This subchapter does not apply to:
(1) assistant district attorneys, investigators, or other
employees of a district or criminal district attorney, except as
provided by Section 158.007;
(2) the official shorthand reporter of a court; or
(3) an elected or appointed officer under the constitution.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 158.014. DISSOLUTION OF SYSTEM. (a) If, after a civil
service system under this subchapter has been in effect for at
least one year, 10 percent of the qualified voters of the county
petition the commissioners court to dissolve the system, the
commissioners court shall call an election to determine whether
the system will be dissolved.
(b) An election under this section must be held in the manner
provided for an election to create a county civil service system.
(c) The ballot for the election shall be printed to provide for
voting for or against the proposition: "Dissolution of the county
civil service system."
(d) If the proposition is approved by a majority of the
qualified voters voting at the election, the commissioners court
shall declare the result and by order dissolve the civil service
system. A copy of the order dissolving the system shall be placed
in the minutes of the court's proceedings.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 158.015. LIMITATION ON ELECTIONS. The commissioners court
may not call an election under Section 158.004 or 158.014 for at
least two years after the date of any previous election under
either of those sections.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. SHERIFF'S DEPARTMENT CIVIL SERVICE SYSTEM IN
CERTAIN COUNTIES
Sec. 158.031. DEFINITIONS. In this subchapter:
(1) "Commission" means a sheriff's department civil service
commission.
(2) "Department" means a sheriff's department.
(3) "Employee" means an employee of a sheriff's department. The
term includes a deputy sheriff.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 158.032. ELIGIBLE DEPARTMENTS. A sheriff's department in a
county with a population of more than 500,000 may, in accordance
with this subchapter, create a civil service system.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 127, Sec. 1, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 597, Sec. 92, eff. Sept. 1, 1991.
Sec. 158.033. PETITION AND ELECTION. (a) If at least 20
percent of the employees of an eligible department under this
subchapter sign a petition requesting an election under this
section and present the petition to the county judge of the
employing county, the judge shall order a departmental election
on the question of the creation of a sheriff's department civil
service system.
(b) The county judge shall hold the election after the 15th day
but on or before the 45th day after the date the petition is
submitted. The election must be by secret ballot and each
employee is entitled to vote at the election.
(c) The ballots for the election shall be printed to provide for
voting for or against the proposition: "Creation of a sheriff's
department civil service system."
(d) The county judge shall canvass the votes and declare the
result.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 158.034. APPOINTMENT OF COMMISSION. (a) In a county with
a population of less than 2.8 million, if a majority of the
employees voting at the election approve the creation of a
sheriff's department civil service system, the sheriff,
commissioners court, and district attorney shall each appoint one
person to serve as a member of the civil service commission that
administers the system. In a county with a population of 2.8
million or more, if a majority of the employees voting at the
election approve the creation of a sheriff's department civil
service system, the sheriff, commissioners court, and district
attorney shall each appoint two persons to serve as members of
the civil service commission that administers the system, and the
three appointing authorities shall appoint one member by joint
action requiring the affirmative vote of each of the authorities.
(b) The sheriff shall designate one of the members as chairman
of the commission.
(c) Each member of the commission is appointed for a term of two
years. However, the initial members of the commission in a county
with a population of less than 2.8 million shall determine by lot
which two of them will serve a term of two years and which one of
them will serve a term of one year. In a county with a population
of 2.8 million or more:
(1) the initial member appointed jointly under Subsection (a)
serves a term of two years; and
(2) the initial members appointed by each individual appointing
authority shall determine by lot which one of the two initial
members appointed by the appointing authority will serve a term
of two years and which initial member appointed by that authority
will serve a term of one year.
(d) The entity that appointed a member of the commission whose
position becomes vacant shall appoint a person to serve the
unexpired part of the member's term.
(e) To be eligible for appointment to the commission, a person
must:
(1) be at least 25 years old; and
(2) have resided in the county for the three years immediately
preceding the date on which the person's term will begin.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 534, Sec. 1, eff. May 31,
1997.
Sec. 158.035. POWERS OF COMMISSION. (a) The commission shall
adopt, publish, and enforce rules regarding:
(1) selection and classification of employees;
(2) competitive examinations;
(3) promotions, seniority, and tenure;
(4) layoffs and dismissals;
(5) disciplinary actions;
(6) grievance procedures;
(7) the rights of employees during an internal investigation;
and
(8) other matters relating to the selection of employees and the
procedural and substantive rights, advancement, benefits, and
working conditions of employees.
(b) The commission may adopt or use as a guide any civil service
law or rule of the United States, this state, or a political
subdivision in this state to the extent that the law or rule
promotes the purposes of this subchapter and is consistent with
the needs and circumstances of the department.
(c) In a county with a population of 2.8 million or more, a
panel of three commissioners shall preside at the hearing and
vote on the commission's final decision in any case involving
termination, demotion, or recovery of back pay. A panel's
decision is the final decision of the commission for purposes of
Sections 158.0351 and 158.037. The commission shall adopt rules
prescribing the commission's procedures for assigning members to
a panel. A panel may not include more than one member who was
appointed to the commission by the same individual appointing
authority.
(d) In rendering a final decision regarding a disciplinary
action by the department, the commission may only sustain,
overturn, or reduce the disciplinary action. The commission may
not enhance a disciplinary action by the department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 218, Sec. 1, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 893, Sec. 1, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 534, Sec. 2, eff. May 31, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
432, Sec. 1, eff. September 1, 2009.
Sec. 158.0351. PROCEDURES AFTER FELONY INDICTMENT OR MISDEMEANOR
COMPLAINT. (a) This section applies only to a county with a
population of 2.8 million or more.
(b) If an employee is indicted for a felony or officially
charged with the commission of a Class A or B misdemeanor, the
sheriff may temporarily suspend the person with or without pay
for a period not to exceed 30 days after the date of final
disposition of the specified felony indictment or misdemeanor
complaint.
(c) The sheriff shall notify the suspended employee in writing
that the person is being temporarily suspended for a specific
period with or without pay and that the temporary suspension is
not intended to reflect an opinion on the merits of the
indictment or complaint.
(d) An employee indicted for a felony or officially charged with
the commission of a Class A or B misdemeanor who has also been
charged by the sheriff with a civil service rule violation
directly related to the indictment or complaint may delay the
civil service hearing for not more than 30 days after the date of
the final disposition of the indictment or complaint.
(e) If the sheriff temporarily suspends an employee under this
section and the employee is not found guilty as charged in the
indictment or complaint in a court of competent jurisdiction, the
employee may appeal to the commission for recovery of back pay.
The commission may:
(1) award all or part of the back pay, even if the employee is a
deputy sheriff whose appointment as a deputy was revoked under
Section 85.003(c); or
(2) modify or uphold the decision by the sheriff.
(f) Acquittal or dismissal of an indictment or a complaint does
not mean that an employee has not violated a civil service rule
and does not negate the charges that may have been or may be
brought against the employee by the sheriff.
(g) Conviction of a felony is cause for dismissal, and
conviction of a Class A or B misdemeanor may be cause for
disciplinary action or dismissal.
Added by Acts 1993, 73rd Leg., ch. 893, Sec. 2, eff. Sept. 1,
1993.
Sec. 158.036. COMPENSATION AND STAFF. The members of the
commission serve without compensation, but the commissioners
court shall reimburse each member for actual and necessary
expenses incurred in performing the member's duties. The
commissioners court shall provide the commission with adequate
office space and sufficient funds to employ an adequate staff and
to purchase necessary supplies and equipment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 158.037. APPEALS. (a) An employee who, on a final
decision by the commission, is demoted, suspended, or removed
from a position may appeal the decision by filing a petition in a
district court in the county within 30 days after the date of the
decision.
(b) An appeal under this section is under the substantial
evidence rule, and the judgment of the district court is
appealable as in other civil cases.
(c) If the district court renders judgment for the petitioner,
the court may order reinstatement of the employee, payment of
back pay, or other appropriate relief.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 68, Sec. 3, eff. Sept. 1,
1997.
Sec. 158.0371. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. (a) The
same standards described by Section 158.0121 apply to an appeal
under Section 158.037.
(b) The procedures for review under Section 158.037 are the same
as provided by Section 158.0122.
(c) The commission may require a party who appeals a decision
under Section 158.037 to pay the cost of preparing the commission
record in the same manner provided by Section 158.0123.
Added by Acts 1997, 75th Leg., ch. 68, Sec. 4, eff. Sept. 1,
1997.
Sec. 158.038. EXEMPTIONS. (a) A person who is an employee of a
department on the date that a civil service system is adopted
under this subchapter in the department may not be required to
take a competitive examination or perform any other act under
this subchapter to maintain the person's employment.
(b) The sheriff of a county with a population of 3.3 million or
less may designate as exempt from the civil service system:
(1) the position of chief deputy;
(2) four positions of major deputy;
(3) one or more positions in the office of departmental legal
counsel; and
(4) additional positions in the department; provided, however,
that the sheriff may not designate as exempt a total of more than
10 positions.
(c) The sheriff of a county with a population of more than 3.3
million may designate as exempt from the civil service system:
(1) the position of chief deputy;
(2) one or more positions in the office of departmental legal
counsel; and
(3) additional positions in the department, not to exceed 25 in
number, that have been determined by the civil service commission
to be administrative or supervisory positions; provided, however,
that the sheriff may not designate as exempt any position in the
deputy classifications of captain or below. The designation of
any such additional exempt position by the sheriff shall not
diminish the number of positions within the deputy
classifications of captain or below.
(d) At the time a new sheriff takes office, an employee holding
an exempt position may be transferred to the nonexempt position
held by the employee immediately before being promoted to an
exempt position. A person who was not an officer in the
department when appointed to an exempt position may be
transferred only to an entry level position in accordance with
the system's civil service rules.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 810, Sec. 1, eff. Aug. 26,
1991; Acts 2001, 77th Leg., ch. 669, Sec. 71, eff. Sept. 1, 2001.
Sec. 158.039. DISSOLUTION OF SYSTEM. (a) If, after a civil
service system under this subchapter has been in effect in a
department for at least one year, 20 percent of the employees of
the department petition the county judge to dissolve the system,
the judge shall order a departmental election on the question of
the dissolution of the department's civil service system.
(b) The county judge shall hold the election after the 15th day
but on or before the 45th day after the date the petition is
submitted. The election must be by secret ballot and each
employee is entitled to vote at the election.
(c) The ballots for the election shall be printed to provide for
voting for or against the proposition: "Dissolution of the
sheriff's department civil service system."
(d) The county judge shall canvass the votes and declare the
result.
(e) If the proposition is approved by a majority of the
employees voting at the election, the county judge shall declare
the sheriff's department civil service system dissolved.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 158.040. EXCLUSIVITY. A civil service system created under
this subchapter and in effect applies to the department to the
exclusion of a civil service system in that county created under
Subchapter A or another law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.